Divorce, Legal
Separation & Annulment
A
Dissolution of marriage or (divorce) may be filed by a party seeking
to end a marriage. A dissolution or divorce may be granted in the state
of California for irreconcilable differences or incurable insanity. To
obtain a divorce in the state of California you or your spouse must have
lived in California for the last 6 months and for 3 months in the
county where you are going to file for divorce.
A
party who either can’t file for divorce because he or she doesn’t meet the
residency requirements or does not wish to end the marriage for
psychological or economic reasons may file a Legal Separation. The
judicial officer can make orders for child support and/or spousal support,
custody and visitation, and division of property, however the parties
remain legally married, although they may be living apart.
You
may ask the judge to declare that your marriage is not valid by filing an
Annulment (nullity of marriage). There are several reasons for why
a judge may say that a marriage is not legally valid. For example: A
marriage that is incestuous (between close blood relatives), or bigamous
(where a spouse is already married to someone else) is never legally
valid.
Fill out Family Law
forms online at
EzLegal File.
Custody & Visitation
The
Petition for Custody and Support of Minor Children may be filed by
parents who:
-
Have signed a Voluntary Declaration of Paternity, or
-
Are married and don’t want to get legally separated or
divorced, or
-
Are not married and have legally adopted a child
together, or
-
Have been determined to be the parents in a juvenile or
Department of Child Support case.
By
filing this petition, the parents may ask the court to make custody and
support orders, in addition to other orders.
You
may also ask the court to make orders for child support, spousal support,
custody and visitation by filing an Order to Show Cause or a Notice of
Motion on an existing divorce, legal separation, or nullity, domestic
partnership or paternity case.
Paternity
“Establishing paternity” means saying whom the legal parents of a child
are if the parents were not married when the child was born.
A
child’s parentage must be established before you can get child support or
custody and visitation orders. By filing the Petition to Establish
Parental Relationship, you may ask the court for child support or
custody and visitation as part of this case.
Domestic Partnerships
Domestic
partners are defined as “two adults who have chosen to share one another’s
lives in an intimate and committed relationship of mutual caring.”
To
dissolve (terminate) a Domestic Partnership you may file a Petition
for Dissolution, Legal Separation or Nullity.
For more information,
you may visit the Web site by clicking on the following link:
www.ss.ca.gov/dpregistry/index.htm
FAMILY LAW
COURT LOCATIONS
Riverside Family Law
Court
4175 Main Street
Riverside, Ca. 92501
951.955.4600
Business Hours: 7:30 a.m. - 4:00 p.m.
Map and Driving Directions
Hemet Family Law Court
880 N. State Street
Hemet, Ca. 92543
951.766.2525
Business Hours: 7:30 a.m. - 4:00 p.m.
Map and Driving Directions
Southwest Justice
Center
30755-D Auld Road
Murrieta, Ca. 92563
951.304.5100
Business Hours: 7:30 a.m. - 4:00 p.m.
Map and Driving Directions
Indio Family Law Court
46-200 Oasis Street
Indio, Ca. 92201
760.863.8209
Business Hours: 7:30 a.m. - 4:00 p.m.
Map and Driving Directions
Blythe Family Law Court
265 N. Broadway
Blythe, Ca. 92225
760.921.7981
Business Hours: 7:30 - 4:00 p.m.
Map and Driving Directions
HOW TO GET A RESTRAINING ORDER
- What is a
restraining order?
It is a court order
that helps protect people from abuse.
Abuse means to: hit,
kick, hurt, scare, throw things, pull hair, push, follow, harass,
sexually assault, or threaten to do any of these things. Abuse
can be spoken, written, or physical.
- Can I get a
restraining order?
You can asked for one if:
-
A person has abused
you, and
-
You have a close relationship with
that person (married, divorced, separated, dating or use to date,
live together or used to live together*) or you are related (parent,
child, brother, sister, grandmother, grandfather, in-law)
*You have to be more involved than just roommates
For more
detailed information, you may visit the Family Law Assistance Center,
log onto the Judicial Council’s self-help Web site at
www.courtinfo.ca.gov/selfhelp/protection
Fill out Domestic
Violence forms online at
EzLegal File.
Shelter Information
For information about a
shelter in Riverside you may contact Alternatives to Domestic Violence 24
hour hotline (951) 683-0829, for county wide shelter information call
1-800-339-SAFE. For counseling services and assistance in typing up
restraining orders please call (951) 352-8718.
You can view numerous
other services in the community that may be of assistance to you by
clicking here.
- The victim of a
domestic violence can ask the District Attorney to file a criminal
complaint.
- Despite official
restraint of the person alleged to have committed domestic violence, the
restrained person may be released at any time.
- It is the
responsibility of the victim to request notification on an inmate's
release.
- The terms and
conditions of the protective order remain enforceable, notwithstanding
any acts of the parties, and may be changed only by order of the court.
Victim's of domestic
violence have the right to go to the superior court and file a petition
and/or an order to show cause requesting any of the following order for
relief:
- An order
restraining the attacker from abusing the victim, and other family
members.
- An order directing
the attacker to leave the household.
- An order
preventing the attacker from entering the residence, school, business,
or place of employment of the victim.
- An order awarding
the victim or the other parent custody of or visitation with a minor
child or children.
- An order
restraining the attacker from molesting or interfering with minor
children in the custody of the victim.
- An order directing
the party not granted custody to pay support of minor children, if
that party has a legal obligation to do so.
- An order directing
the defendant to make specified debit payments coming due while the
order is in effect.
- An order directing
that either or both parties participate in counseling.
The victim of domestic
violence has the right to file a civil suit for losses suffered as a
result of the abuse, including medical expenses, loss of earnings, and
other expenses for injuries sustained and damage to property, and any
other related expenses incurred by the victim or any agency that
shelters the victim.
Fill out Domestic Violence
forms online at EzLegal File
MEDIATION
SERVICES
Family Mediation Services
provides an opportunity for parents to meet with a trained professional to
development a parenting plan that is in the best interest of their
children. The Family Law Code governs mediation and sets forth the
purposes of mediation: To reduce acrimony that may exist between parents,
develop an agreement assuring the children close and continuing contact
with both parents and to effect a settlement that is in the best interest
of the children.
What is Mediation?
Mediation is a
confidential meeting with a Family Court Mediator who will assist parents
in working together to design a parenting plan where they can share their
children after separation or divorce.
What is a Parenting
Plan?
A parenting plan, also
called a custody and visitation order, defines legal and physical custody
and a time share plan for the children. The plan may include holidays,
vacations, and transportation arrangements.
Who Conducts the
Mediation?
The mediation session will
be conducted by a mediator who has a master’s degree in psychology, social
work or marriage and family therapy and who meets the guidelines for
mediators according to the Family Law Code.
How Does Mediation
Work?
Parents will be scheduled
for an appointment for a confidential meeting with the mediator. No other
parties will be present unless one of the parties is a victim of domestic
violence. In that case, the victim may request a separate mediation or
may have a support person present. If the parents reach an agreement on a
parenting plan, the plan will be submitted to the court. If parents are
unable to reach agreement, the mediator will make a recommendation to the
court.
Do Mediators Interview
Children?
The mediator may need to
interview children, but children are not to be present at the mediation
appointment. The mediator will schedule a separate time to interview
children.
Children under the age of
4 will not be interviewed.
What if a Parent
Presents a Risk to the Children?
The mediator will make a
recommendation that provides for safety of children. The mediator may
also make recommendations to assist the family such as therapy, parenting
classes, anger management classes or drug and alcohol rehabilitation.
Legal Terms Relating to Parenting Plans
Legal Custody: The
rights and responsibilities of parents to make decisions relating to the
health, education and welfare of their children.
Joint Legal Custody:
Both parents share in the right and responsibility to make decisions for
their children.
Sole Legal Custody:
One parent has the right and responsibility for making decisions for
children.
Physical Custody:
How much time the children spent with each parent; where the children
live; how day-to-day responsibilities are fulfilled.
Joint Physical Custody:
Children spent a significant amount of time with each parent.
Visitation: The
designated time in which the non-custodial parent shall have
responsibility for the children.
Family Court Evaluations Brochure
FAMILY LAW ASSISTANCE
CENTER
The Family Law Assistance
Center is designed to help people representing themselves in family law
matters. If you do not have any attorney and wish to proceed with your
case in propria persona (without an attorney) the Family Law Assistance
Center can help you.
What services can I
receive at the Center?
You will receive
guidance on selecting and completing forms, information regarding
community resources and workshops, and the option to schedule an
appointment with the Family Law Facilitator to assist you with legal
procedures necessary to complete your case. The Assistance Center Staff
can offer help in the following court matters:
Petitions for divorce,
legal separation or nullity
Complaints to establish paternity
Petition for custody
Answers and responses
Modifications of existing orders
Fee waiver applications
Proofs of Service
Domestic Violence restraining orders
Orders to show cause
Child custody and visitation
Child and spousal support
Stipulated agreements and judgments
Findings and orders after hearing
What can I expect when
I visit the Assistance Center?
When you visit the
Family Law Assistance Center, you will be asked to fill out an "Intake
Sheet." The information you provide on the intake sheet will help
staff to better address your needs. This information will also provide
us with statistical information to continue to receive funding for our
centers.
If you require
additional help with preparing a restraining order or scheduling an
emergency hearing (ex parte), you will be referred to staff who will
provide you with procedural assistance and guidance with completing the
necessary forms.
The Family Law
Facilitator is a neutral attorney available to assistant both parents
and all other parties who have questions about family law issues. The
Facilitator is NOT YOUR ATTORNEY and cannot go with you to court. There
is no attorney-client relationship between you and the Family Law
Facilitator. Communications between you and the Family Law Facilitator
are not confidential.
The Facilitator is
available by appointment to discuss legal procedures which involve
complex issues.
The Family Law
Facilitator and staff encourage individuals who represent themselves to
attend the workshops offered by the Assistance Center. These specialized
classes are beneficial and are recommended to help individuals
understand court procedures.
How will I benefit from
coming to the Family Law Assistance Center?
You will have a
better understanding of family law court procedures.
The court process will
seem less complex and confusing.
You will be provided
with legal forms and instructions to proceed with your matter.
You will be able to
learn how to complete forms correctly which will allow more timely
resolution of your case.
You will be provided
information on referral services and community resources such as
the District Attorney's Office, Alternatives to Domestic Violence,
Crisis Intervention and Hotlines, Counseling, Emergency Shelters, Social
Services, and other vital help services.
What do I bring with
me?
A copy of all court
documents relating to your case. It is helpful if you organize documents
by date, with the oldest date on the bottom and newest date on top.
Your last three pay check
stubs
Your last tax return.
Income and expense information
Where are the Family
Law Assistance Centers located?
The Assistance Centers
are open to the public from 7:30 a.m. - 4:00 p.m.
Click here for the locations.
Important to Remember
The Family Law
Facilitator and Assistance Center staff provide information to educate
the public and provide individuals with options that are available to
them. The Center employs skilled, neutral persons who are available to
both parties. If it is determined that your case extremely complex or
that there are multiple contested issues, you will be advised to seek
the services of a private attorney.
Our Mission Statement
The Family Law
Assistance Center is dedicated to providing you, the self represented
litigant with:
- GREATER ACCESS TO
THE FAMILY LAW PROCESS
- A BETTER
UNDERSTANDING OF FAMILY LAW PROCEDURES
- EXPEDITED
RESOLUTION OF YOU FAMILY LAW MATTERS
FAMILY LAW PACKETS
The following
list is a variety of Family Law packets used to file Family Law matters
with the court. These packets consist of general information,
instructions and links to the actual forms that can be completed on line,
and then printed for filing.
All
packets listed are in .pdf format which require
Adobe
Acrobat Reader.
HOW TO REQUEST COPIES
Requests for copies is
$.50 per page. If certification is requested, an additional $15.00
per document will be assessed.
Please provide the
following information:
- Petitioner's and
Respondent's name
- Case Number
- Specific documents
requested
To request copies by mail,
(click here for
court mailing addresses)
submit a check payable to 'Clerk of the Court.' DO NOT SEND CASH.
If the total amount is unknown, indicated under the amount line 'not to
exceed $25.00.' The correct amount will be filled in and a receipt
will be forwarded, along with the requested copies. All checks
must be preprinted with makers name and address. Copy orders are
filled within 7-10 working days.
Please include a self
addressed, stamped envelope large enough to accommodate the request.
Requesting Certified
Judgments
To request a certified copy of a
judgment (divorce decree), please provide us with a case number. If
you do not know the case number, you must provide us with the full names
of both parties at the time the divorce was filed and the approximate year
of the filing.
You may mail (click here for
court mailing addresses)
your request, along with a self-addressed envelope with sufficient
postage and a check or money order for $15 or you may come into the office
between the hours of 8 a.m. and 4 p.m., Monday through Friday.
Requesting Copies of Paternity Cases
To request
copies from a paternity case, you must come into the office and
show picture identification. Information/copies can only be provided to
the actual parties listed on the case!
FORMS/FEES
MORE INFORMATION
The Judicial Council offers self help
topics relating to Family Law matters that will answer a lot of questions
relating to the Family Law court and it's many functions.
California Self Help Center
Reference Information
Legal Aid
Public Service Law Corporation
Latino Lawyers Association
Inland Counties Legal Services
Corporation
FREQUENTLY ASKED QUESTIONS
- When will my divorce be final?
Six months and one day from the date of service.
- How do I get a court date?
You will need to file an
Order to Show Cause or a
Notice of Motion.
- How do I modify custody and/or visitation orders?
If both parties are in agreement, you may submit a stipulation and
order. Or you may file an
Order to Show Cause or a
Notice of Motion.
- How do I restore my former name after the divorce is final?
You must file an
Ex
Parte Application for Restoration of Former Name.
- If I have been served with a petition, what should I do?
Consult an attorney or file a response within 30 days.
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